BILL NUMBER: SB 826	CHAPTERED  07/28/99

	CHAPTER   204
	FILED WITH SECRETARY OF STATE   JULY 28, 1999
	APPROVED BY GOVERNOR   JULY 27, 1999
	PASSED THE SENATE   JULY 15, 1999
	PASSED THE ASSEMBLY   JULY 12, 1999
	AMENDED IN ASSEMBLY   JUNE 24, 1999
	AMENDED IN SENATE   APRIL 27, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Sher

                        FEBRUARY 25, 1999

   An act to amend Section 44241 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 826, Sher.  Air pollution:  bay district:  motor vehicle fee
revenues.
   (1) Existing law requires specified motor vehicle fee revenues
generated in the Bay Area Air Quality Management District to be
subvened to the bay district and used for specified purposes,
including, until January 1, 2000, the implementation of bicycle
facility improvement projects.
   This bill would delete the January 1, 2000, date for using those
revenues for bicycle facility improvement projects, thereby requiring
the continued use of those funds for that purpose beyond that date.
The bill also would include, within the purposes for which those
revenues are required to be expended, the implementation of
low-emission and zero-emission vehicle programs, demonstration
projects in telecommuting, and  the design and construction of
physical improvements that support specified development projects,
thereby creating a state-mandated local program by imposing new
duties on the bay district.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44241 of the Health and Safety Code is amended
to read:
   44241.  (a) Fee revenues generated under this chapter in the bay
district shall be subvened to the bay district by the Department of
Motor Vehicles after deducting its administrative costs pursuant to
Section 44229.
   (b) Fee revenues generated under this chapter shall be allocated
by the bay district to implement the following mobile source and
transportation control projects and programs that are included in the
plan adopted pursuant to Sections 40233, 40717, and 40919:
   (1) The implementation of ridesharing programs.
   (2) The purchase or lease of clean fuel buses for school districts
and transit operators.
   (3) The provision of local feeder bus or shuttle service to rail
and ferry stations and to airports.
   (4) Implementation and maintenance of local arterial traffic
management, including, but not limited to, signal timing, transit
signal preemption, bus stop relocation and "smart streets."
   (5) Implementation of rail-bus integration and regional transit
information systems.
   (6) Implementation of low-emission and zero-emission vehicle
programs and of demonstration projects in telecommuting and in
congestion pricing of highways, bridges, and public transit.  No
funds expended pursuant to this paragraph for telecommuting projects
shall be used for the purchase of personal computing equipment for an
individual's home use.
   (7) Implementation of a smoking vehicles program.
   (8) Implementation of an automobile buy-back scrappage program
operated by a governmental agency.
   (9) Implementation of bicycle facility improvement projects that
are included in an adopted countywide bicycle plan or congestion
management program.
   (10) The design and construction by local public agencies of
physical improvements that support development projects that achieve
motor vehicle emission reductions.  The projects and the physical
improvements shall be identified in an approved area-specific plan,
redevelopment plan, general plan, or other similar plan.
   (c) Fee revenue generated under this chapter shall be allocated by
the bay district for projects and programs specified in subdivision
(b) to cities, counties, the Metropolitan Transportation Commission,
transit districts, or any other public agency responsible for
implementing one or more of the specified projects or programs.  Fee
revenues shall not be used for any planning activities that are not
directly related to the implementation of a specific project or
program.
   (d) Not less than 40 percent of fee revenues shall be allocated to
the entity or entities designated pursuant to subdivision (e) for
projects and programs in each county within the bay district based
upon the county's proportionate share of fee-paid vehicle
registration.
   (e) In each county, one or more entities may be designated as the
overall program manager for the county by resolutions adopted by the
county board of supervisors and the city councils of a majority of
the cities representing a majority of the population in the
incorporated area of the county.  The resolution shall specify the
terms and conditions for the expenditure of funds.  The entities so
designated shall be allocated the funds pursuant to subdivision (d)
in accordance with the terms and conditions of the resolution.
   (f) Any county, or entity designated pursuant to subdivision (e),
that receives funds pursuant to this section, at least once a year,
shall hold one or more public meetings for the purpose of adopting
criteria for expenditure of the funds and to review the expenditure
of revenues received pursuant to this section by any designated
entity.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
